New York v. United States Dep't of Commerce

August 13, 2019

Summary

The State of New York is leading a coalition of states, cities, and mayors in a challenge to the Commerce Department’s decision to add a citizenship question to the 2020 Census. New York argues that the Department’s decision violates the U.S. Constitution and the Administrative Procedure Act.

This case was filed in the U.S. District Court for the Southern District of New York and produced the first trial victory on the citizenship question issue. On June 27, 2019 the U.S. Supreme Court issued an opinion in the case blocking the citizenship question.

Case Background

The State of New York, sixteen states, seven cities, and the U.S. Conference of Mayors sued the Department of Commerce, Commerce Secretary Wilbur Ross, and the Census Bureau, arguing that the Department’s addition of a citizenship question to the 2020 Census is unconstitutional and otherwise illegal.

New York and its co-plaintiffs alleged that adding a citizenship question would deter participation in the census and cause an undercount, undermining the accuracy of the 2020 Census and jeopardizing the funding that they receive.

The suit contended that adding a citizenship question would undermine the federal government’s constitutional obligation to conduct an “actual enumeration” of the national population. The suit further argued that the Commerce Department’s decision was “not in accordance with law,” “contrary to constitutional right,” “beyond [the Department and the Census Bureau’s] statutory authority,” and “arbitrary and capricious,” all in violation of the Administrative Procedure Act (APA).

New York asked the court to, among other things, enjoin the Commerce Department from including the citizenship question on the 2020 Census.

On July 26, the court granted the government's motion to dismiss in part and denied it in part, dismissing the plaintiffs' claims under the Enumeration Clause, but permitting their claims under the APA and Due Process Clause to proceed.

The district court ruled on January 15, 2019 for the plaintiffs on their APA claims, and ordered the Commerce Department to remove a citizenship question from the 2020 Census.

The federal government appealed that decision directly to the Supreme Court.On June 27, 2019, the Supreme Court issued an opinion upholding in part the district court’s decision striking down the citizenship question.

On July 11, 2019, the federal government announced that it would abandon its pursuit of the citizenship question. The circuit court and district court will conclude or continue the remaining legal proceedings as appropriate.